GEHRU RAM Vs. ROHLU
LAWS(HPH)-1997-12-21
HIGH COURT OF HIMACHAL PRADESH
Decided on December 24,1997

GEHRU RAM Appellant
VERSUS
ROHLU Respondents





Cited Judgements :-

TOKHA VS. BIRU [LAWS(HPH)-2002-11-1] [REFERRED TO]


JUDGEMENT

SURINDER SARUP - (1.)The suit of the plaintiff respondent was dismissed by the trial Court of Shri Inder Ram, Senior Sub -Judge, Kullu, vide judgment and decree dated 9 -11 -1994. His appeal, however, was accepted by the Court of Shri Dharam Chand Chaudhary, Additional District Judge, Kullu, vide judgment and decree dated 12 -3 -1997. After reversing the judgment and decree of the trial court, the appellate Court decreed the suit of the plaintiff -respondent to the effect that he is owner in possession of the suit property by way of revocation of the gift deed dated 15 -10 -1988.
(2.)The plaintiff -respondent filed suit for declaration to the effect that he is owner in possession of the land comprised in Khasra No. 2371/498/1, measuring 1 -7 -0 Bighas out of Khata Khatauni No. 184/356 and 1/11 share of land comprised in Khasra No, 497 -528, Khata Khatauni No. 345/583/584, situated in Phati and Kothi Kais, Tehsil and District Kullu, HP., as per Jamabandi for the year 1988 -89, hereinafter referred to as "the suit land". It was pleaded by him that he was owner in possession of the suit land which was gifted by him in the year 1988 in favour of the defendant -appellant. As per terms and conditions in the gift deed, the defendant -appellant was to render all kinds of services to the plaintiff -respondent and in the event of such services being not rendered by the defendant -appellant, the gift deed was to be revoked automatically and the suit land was to be vested back to the plaintiff -respondent.
(3.)According to the plaintiff -respondent, after execution and registration of the gift deed aforementioned, the defendant -appellant rendered services to him only for two months and thereafter neglected the plaintiff -respondent. In this way, he is stated to have violated the terms and conditions of the gift deed. The plaintiff -respondent asked the defendant -appellant to hand over the possession of the suit land to him, but of no avail and in such circumstances, he filed civil suit No. 41/90 against the defendant -appellant. That suit was withdrawn on 13 -8 -1991 with liberty to the plaintiff respondent to file fresh suit on the same cause of action, subject to payment of Rs. 100/ - as costs. Since the defendant -appellant failed to hand over the possession of the suit land, hence, the present suit was filed by the plaintiff -respondent.


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